CONTRACT
TERMS & CONDITIONS
Below are My Spokane News, LLC’s Terms &
Conditions (the “Terms”). Please take time to read through them thoroughly and
ensure you understand them before you commence a project with us. By requesting
designs and/or services from My Spokane News, LLC you agree to our Terms &
Conditions and you are aware that you are entering a binding contract — payment
is required for services provided.
The below conditions have been construed
under Washington State Law and apply to all individuals, businesses or
companies (“you” “Client/s” or “Licensee”) engaging the services of My Spokane
News, LLC, its contractors, subcontractors and employees (the “Company”) unless
otherwise agreed to in writing by both parties.
The terms and conditions set forth below
shall govern the use of any information, content and/or data provided by My
Spokane News, LLC to you in either print or digital formats (“Licensed
Materials”). The Terms shall govern any use of the Licensed Materials. By
accessing or using the Licensed Materials, you signify your assent to these
terms of use and license agreement. If you do not agree to these terms of use
or license agreement, please do not access or use the Licensed Materials.
With some exceptions such as graphic
design services (23), the Licensed Materials are Newsletters (“Newsletters”) delivered
in one of three formats:
1.
Self-Service Print. You will be delivered a
print-quality PDF file which you then can print yourself or send to a company
of your choice who will print it for you and bill you directly.
2.
Full-Service Print. We handle all aspects of printing
and mailing your Newsletter to your provided mailing list.
3.
Self-Service Online Version. You will be delivered an
online-quality PDF file which you can then email out yourself or post to online
accounts and social media platforms.
license
1.
In exchange for any applicable fees and subject to certain limitations as
described herein, you will be granted the non-exclusive and non-transferable
right, throughout the world, to receive access to the Licensed Materials
subject to the Terms. This License shall commence upon your first login into
any My Spokane News, LLC registration-based website, purchase of any Licensed
Materials, or the commencement of any Subscription Period to use the Licensed
Materials and, unless sooner terminated hereunder, shall terminate at the end
of the Subscription Period (as defined below) and any renewal periods.
My Spokane News, LLC shall:
a. Make the Licensed Materials available
to you in accordance with the terms and conditions set forth herein.
You shall:
a. Use best efforts to protect the
Licensed Materials from unauthorized use or other breach of this License.
b. During a Subscription Period, you
covenant that you shall maintain your paid subscriptions to the Licensed
Materials as set forth on pricing guide on the My Spokane News, LLC website, as
may be modified from time to time. You further covenant that you shall
not share your license with any other person, without purchasing a Group
Membership from My Spokane News, LLC.
usage rights
2.
After purchase or during a Subscription Period, you may access the Licensed
Materials in accordance with the terms herein. You may:
prohibited
uses of licensed materials
3.
You shall not:
f.
Distribute, reproduce, modify, store, transfer or in
any other way use any of the Licensed Materials (including as part of any
database, library, news, information, archive, web site or similar service)
other than as permitted in Section 2.
no exclusive territory
4.
My Spokane News, LLC does not provide exclusive territory, does not provide
exclusive addresses, nor does it monitor the addresses which are receiving your
personalized newsletters. Therefore, it is possible that other clients may send
their own personalized newsletter to an address on your mailing list. Your
mailing list is your own and we will never share it with anyone, see
Information Collection (16).
PAYMENT
and fees
5.
Fees are charged on a per-order basis. You may choose to automate your payments
and be charged automatically. As long as you have an active account with us you
will be deemed to also have an active subscription (“Subscription Period”). During
your Subscription Period you have the option to opt-out and not receive the
licensed materials (newsletter) on a per-month basis. You will not be charged
if you opt-out prior to the posted delivery date. However, if you don’t opt-out
prior to the posted delivery date, your licensed materials will be delivered in
the manner which you have selected and payment will be due.
6.
Automatic Subscription Renewal: Unless you notify us of your decision to
terminate your subscription, your subscription will automatically renew at the
end of such subscription term on a month-to-month basis, and you will be
charged our then-current fees for the applicable subscription.
7.
All fees paid and charges made prior to termination as provided herein,
including any advance charge or payment for the subscription term during which
you terminate your subscription, are nonrefundable. Termination of your
subscription shall not relieve you of any obligations to pay accrued charges.
8.
Your account may be deactivated without notice to you if payment is past due,
regardless of the dollar amount. You agree to pay any outstanding balance in
full within thirty (30) days of cancellation or termination of your
subscription to the applicable Licensed Materials.
9.
Modifications to Fees or Billing Terms: My Spokane News, LLC RESERVES THE
RIGHT, AT ANY TIME, TO CHANGE ITS SUBSCRIPTION FEES AND BILLING METHODS, UPON
EFFECTIVE NOTICE TO YOU, WHICH SHALL INCLUDE NOTICE SENT TO YOUR DESIGNATED
EMAIL ADDRESS. If any such change is unacceptable to you, you may terminate
your subscription by contacting customer service. Your continued use of the
Licensed Materials following the effective date of a change to fees or billing
methods shall constitute your acceptance of such change.
10.
All payments are to be made within 15 days of invoicing. If paying by card or
other electronic transfer, the Client will incur all payment fees (typically
a 3.4% convenience charge) so that My Spokane News, LLC receives the full
stated subscription price.
CANCELLATION
AND termination POLICY
11.
This License shall be terminated:
a. If you default in
making payment of any Fee, and fail to remedy such default within thirty (30)
days of notification in writing by My Spokane News, LLC
b. If you commit a
material breach of My Spokane News, LLC’s or any Providers’ (as defined below)
copyright or other intellectual property rights or of the provisions of Section
2 in respect of usage rights or of Section 3 in respect of prohibited uses. My
Spokane News, LLC may take further action as My Spokane News, LLC may determine
to be appropriate under the circumstances to eliminate or preclude repeat
violations, and My Spokane News, LLC shall not be liable for any damages of any
nature suffered by any customer, user, or any third party resulting in whole or
in part from My Spokane News, LLC’s exercise or its rights under this License
Agreement;
12.
On termination all usage rights automatically terminate. For the avoidance of
doubt, on termination or expiration of this Agreement you shall immediately
cease to distribute or make available the Licensed Materials and you shall
remove any and all electronic copies of the Licensed Materials from your
systems.
13.
Following the expiration or termination of this License, the terms of Sections
3, 24, 29, 30, 31, and 33 as well as any provision required for the
interpretation of this License or necessary for the full observation and
performance arising prior to the date of termination, shall survive.
Refund Policy
14. All sales are
final. Since we customize your Newsletter with your image and contact
information, no refunds will be given once My Spokane News, LLC processes your
order. We will post the cutoff date/time for each month in which licensed
materials will be delivered. Before that date/time, you are free to
opt-in/opt-out, make changes to your delivery preferences, and/or update your
mailing list. Once that cutoff date/time has passed, you are obligated to
continue with your order.
Sales Tax Policy
15. My Spokane News, LLC charges Washington
State Sales Tax on all full-service print orders unless you are tax exempt. If
you are tax exempt, you need to send or fax to us your tax exemption
certificate at the time of order. Self-service Print & Online Version
delivery is not subject to Washington State Sales Tax as it is categorized as
graphic art. My Spokane News, LLC will abide by the tax laws and if they
change, we will adapt to the changes. You will be notified by email if changes
are made to the sales tax charged.
Confidentiality statement &
information collection
16. My Spokane
News, LLC strives to ensure the protection of your personal information through
responsible practices. We deploy all efforts to protect the private nature of
your personal information. Since we collect information from you (potentially including
your mailing list), we feel that it is important that you understand how we
collect, protect, and use this information. This list summarizes our personal
information collection practices. Additional privacy policy information is
available on our website at www.myspokanenews.com/privacy.html.
a. All personal
information collected by My Spokane News, LLC is done so exclusively with your
consent, by means of a form posted on our website, an email received from you
or by telephone. No information is collected automatically.
b. The personal
information collected is only used by My Spokane News, LLC staff for the
purposes defined at the time of the collection or a use that complies with
these purposes. We do not share your information with any third parties.
c. As mentioned
above, we use your personal information to appropriately process your requests
and present you with the information you need to access.
d. We will not, in
any circumstances, share your personal information with other individuals or
organizations without your permission, including public organizations,
corporations or individuals, except when applicable by law. We do not sell,
communicate or divulge your information to any mailing lists.
e.
The only exception is if the law or a court order
compels us to. We will share your information with government agencies if they
need or request it.
To be clear, we will not share, use, or
give out your information (including your mailing list and contacts) to anyone,
at any time, unless court ordered. Further, we will take all reasonable
measures to keep your information safe including: allowing you to password
protect your account, using secure server encryption, and blocking access from
outside attacks. Notwithstanding, you will be responsible for keeping your account
and passwords safe (25).
COMMUNICATION
17. In the
normal course of business, My Spokane News, LLC will contact you via email, phone,
and/or text. By creating an account or purchasing an order through My Spokane
News, LLC, you agree to receive emails related to the status of your account or
purchase order, including job status changes, job shipment, or job-related warnings
such as delays or art issues. You cannot unsubscribe to these emails because
they are necessary to facilitate communication between My Spokane News, LLC and
its customers.
You agree to
promptly update your membership or registration information (if applicable) in
order to keep it current, complete and accurate. My Spokane News, LLC is not
responsible for email notifications that are redirected or not received in the
inbox due to an incorrect email provided by the customer, or customer's email
filter settings that do not allow acceptance of our emails, or any other
technical difficulties beyond our control.
E-mail
notifications are provided as a courtesy to the customer. However, it remains
the customer's responsibility to check their "My Account" page or
contact a Customer Service Representative for the status on their order.
client responsibility / proofing
and printing
18. You are
fully responsible for final proof and layout approval prior to the printing
process. Any jobs that have been approved and/or or sent to press cannot
be altered or changed due to the nature of the printing process, and no refund
will be given. My Spokane News, LLC shall NOT be LIABLE for errors in a final
product caused by any of the following reasons: Misspelling, Graphics, Bleeds,
Grammar, Damaged Fonts, Punctuation, Wrong Cuts, Incorrect or Missing Folds,
Die Lines, Crop Marks, Transparency, Overprint, Cracks on Folds, Finished
Product Size, Poor Orientation or Alignment.
Viewing the
digital format of the Licensed Materials does NOT show an accurate color
reproduction of your final printed piece. Electronic proofs do not show
transparency and over print issues. They also do not show the color change from
RGB or Pantone to CMYK. Therefore, My Spokane News, LLC will not be
liable for color variation between the digital file and the printed product.
We will try our best to match the colors of the proof and the printed
product but please understand that color variation differences are inherent
inconsistencies of the printing process and we will not be held responsible for
it.
There will be no
reprints at our expense.
SUBMISSION
OF CLiENT images / files
19. Clients who choose to submit their own artwork,
files and/or images to personalize their newsletter are solely responsible for
the end result of their appearance when printed. Customers are reminded to
submit print-ready artwork with the correct specifications. With all printing
there may be some color variations from electronic visual representations of artwork
and previous orders to the final printed artworks. This is due to the nature of
CMYK printing and bulk-run printing system. There will be no reprints at our
expense.
All artwork,
designs and images must be provided in minimum of 300 DPI and CMYK color mode. My
Spokane News, LLC is NOT RESPONSIBLE for images printed as fuzzy, distorted or
pixilated due to low resolution artwork provided by the customer, especially if
it is approved by the customer already. My Spokane News, LLC is also not
responsible for any color shift that occurs in conversions from RGB to CMYK
color modes.
20. Under
these Terms and Conditions, you agree that you will NOT upload any artwork
files consisting of the following material: offensive, indecent or improper
material, any material that could give rise to any civil or criminal liability
under applicable law; and any material that could infringe rights of privacy,
publicity, copyrights or other intellectual property rights without the
permission of the owner of these rights and the persons who are shown in the
material if applicable. We will refuse an order, which in our opinion may be
illegal in nature or an infringement on the rights of any third party. You
accept full legal liability for the content of material processed and printed
on your behalf and under your instructions. We reserve the right to refuse an
order without disclosing a reason.
It is the Client’s responsibility to
ensure that any artwork, images, files and text submitted does not violate
United States copyright laws. My Spokane News, LLC and its contractors assumes
all written and visual content adheres to copyright laws and all correct
permissions have been sought and/or royalties paid for use.
21. My Spokane News, LLC reserves the right to refuse
and the right to charge additional costs if the Client requests amendments to
the original Licensed Materials or custom design beyond basic personalization –
refer clause Graphic Design (23).
DELIVERY
22. For any
product that is to be provided to the customer in an electronic format, the
customer agrees that delivery of such product shall be deemed to have occurred
at the time we transmit the product via email or other electronic communication
addressed to the customer. My Spokane News, LLC cannot be held liable for printing
products that are damaged, lost or delayed when delivered by post or courier
although the utmost care will be taken to ensure the products arrive on time
and undamaged.
GRAPHIC
DESIGN SERVICES
23. Graphic design work may be available upon request
if you need work done which is above and beyond the standard personalization
services already provided. The price will be bid per job and vary depending on
the nature of the work. By ordering and using our graphic design services, you
agree that all designs created and revised by employees of My Spokane News, LLC
are the sole intellectual property of My Spokane News, LLC. Therefore,
this artwork cannot be released to you unless there is a written agreement with
payment provided to compensate My Spokane News, LLC for releasing its
intellectual property and/or transferring over copyright rights. This includes, but is
not limited to; logos, symbols, compositions and copy. Unlawful use of these
Artworks by the Client is strictly prohibited. The use of Artwork prior to
payment is illegal.
For more information visit www.copyright.com
My Spokane News, LLC and retain exclusive
rights to utilize Artwork and all design elements for portfolio &
commercial self-promotion indefinitely.
PRODUCT
RIGHTS
24. My Spokane News, LLC reserves the
right to show customers samples of any products we have printed and/or
designed. All comments, feedback, suggestions and ideas submitted, copied, or
sent to our email address become and remain the exclusive property of My
Spokane News, LLC. You relinquish all rights to such comments, feedback,
suggestions, and ideas. These may be used and quoted by My Spokane News, LLC in
any medium for any purpose anywhere without obtaining your consent. My Spokane
News, LLC is not obligated to pay the person who commented any compensation for
any of the comments submitted if we choose to publish the comments and the
first name and first initial of the last name of the person who commented. You
agree you will be solely responsible for the content of any comments you make.
ACCOUNT ACCESS and PASSWORDS
25. You agree that you are responsible
for protecting your password and controlling access to your registered account.
You agree that you will be responsible for all orders placed or other actions
that are taken through your registered account.
LINKS & THIRD
PARTY CONTENT
26. Our Web Site and/or the Licensed
Materials may contain links to other web sites (“Linked Sites”). The Linked
Sites are provided for your convenience and information only and, as such, you
access them at your own risk. The content of any Linked Sites is not under My
Spokane News, LLC’s control, and My Spokane News, LLC is not
responsible for, and does not endorse, such content, whether or not My
Spokane News, LLC is affiliated with the owners of such Linked Sites.
27. We may include items created and/or maintained
by third-party creators (Third Party Content) in our Licensed Materials. These items may include, but are
not limited to, articles, images, news reports, calculation tools,
company information, data about real estate markets, MLS data, insurance quotes
and premiums, and mortgage rates & information. You acknowledge and agree
that the Third Party Content is not created by My Spokane News,
LLC.
The provision of Third Party Content is for general
informational purposes only and does not constitute a recommendation or
solicitation to purchase or sell any product or insurance or make any other
type of purchase or decision. Any transactions that you enter into with a
vendor, merchant or other Third Party listed in the Licensed Materials or
linked from our website are solely between you and that vendor, merchant or
other party.
28. In addition, neither My Spokane News,
LLC nor any Third Party Content is intended to provide
tax, legal or investment advice. You acknowledge that the Third
Party Content provided to you is obtained from sources believed to be
reliable and that no guarantees are made by My Spokane News, LLC or the My
Spokane News, LLC website or the providers of the Third Party Content as to its
accuracy, completeness, or timeliness. You acknowledge and agree not to hold My
Spokane News, LLC, it’s website, any products or services through My Spokane
News, LLC or the My Spokane News, LLC website liable for any product purchase
or any decision or other transaction you may make based on the your reliance on
or use of such data, or any liability that may arise due to the delivery of the
Third Party Content for any reason. My Spokane News, LLC, its affiliates and
its employees are not in the business of providing insurance, tax or legal
advice to anyone.
THERE IS NO WARRANTY OF MERCHANTABILITY,
NO WARRANTY OF FITNESS FOR A PARTICULAR USE, AND NO WARRANTY OF
NON-INFRINGEMENT. THERE IS NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
REGARDING THIRD-PARTY CONTENT.
Promotions and advertisments
29. Our Web Site and/or the Licensed
Materials may from time-to-time and at our discretion contain promotions,
coupons, and/or advertisements (Sponsored Content) from Third Party Sources. Except
as expressly stated in these Terms, you may not sell, transfer, alter,
reproduce, distribute, or republish any Sponsored Content, in whole or in part,
by any means.
a.
You agree to comply with the terms and conditions
associated with any offers, coupons, coupon codes, and other promotions
available on or through the Web Site and Licensed Materials.
b.
Each printed or digital coupon shall only be used
once.
c.
You agree that we may use certain authentication and/or
unique numbering technologies on Sponsored Content in your Licensed Materials.
You agree not to interfere with or circumvent such technologies.
d.
No commercial use. You agree to only distribute Sponsored
Content in your Licensed Materials for the personal use of your clients. You
shall not engage in commercial use or distribution of any Sponsored Content
(including any coupons, offers, rebates, promotions). You agree not to sell,
barter or transfer any coupon, or any electronic or hard copy of the Sponsored
Content, to any third party.
e.
Unless otherwise stated, only Sponsored Content that
you print yourself or we print for you will be redeemable at the Third Party Source. Online copies, reprints, scans, and the
like will not be valid unless specifically authorized.
trademarks, COPYRIGHTs and restrictions
30. This Web Site and the Licensed
Materials are controlled and operated by My Spokane News, LLC. All content
on the Web Site and the Licensed Materials, including, but not limited to text,
images, illustrations, audio clips, and video clips, is protected by
copyrights, trademarks, service marks, and/or other intellectual property
rights (which are governed by U.S. and worldwide copyright laws and treaty
provisions, privacy and publicity laws, and communication regulations and
statutes), and are owned and controlled by My Spokane News, LLC or its
affiliates, or by third party content providers, merchants, sponsors and
licensors (collectively “Providers”) that have licensed their content or the
right to market their products and/or services to My Spokane News, LLC. By
enrolling for the Licensed Materials, My Spokane News, LLC grants you a
non-exclusive license in said intellectual property, solely for use in the
Licensed Materials provided by My Spokane News, LLC. You may distribute the
Licensed Materials, either electronically to your customers or by printing and
disseminating to your customers. However, without the prior written
consent of the Providers, your modification of the Licensed Materials,
violates the rights of the Provider copyrights, trademarks or service marks and
other proprietary rights, and is prohibited. As a condition to your use of this
Web Site and the Licensed Materials, you warrant to My Spokane News, LLC that
you will not use our Web Site or Services for any purpose that is unlawful or
prohibited by these Terms, including without limitation the posting or
transmitting any threatening, libelous, defamatory, obscene, scandalous,
inflammatory, pornographic, or profane material. If you violate any of these
Terms, in addition to any other remedies My Spokane News, LLC or its
Providers may have, your permission to use our Web Site and Services
immediately terminates without the necessity of any notice. My Spokane
News, LLC retains the right to deny access to anyone at its discretion for
any reason, including for violation of these Terms.
DISCLAIMER OF WARRANTIES AND
LIABILITY
31. All content on this web site and/or
the licensed materials is provided “as is” and without warranties of any kind
either express or implied. Other than those warranties which, under the U.S.
Laws applicable to these terms, are implied by law and are incapable of
exclusion, restriction, or modification, My Spokane News, LLC disclaims
any and all warranties, express or implied, including, but not limited to,
implied warranties of merchantability and fitness for a particular purpose.
Neither My Spokane News, LLC, its affiliated or related entities, nor the
providers, nor any person involved in the creation, production, and
distribution of this web site and/or the licensed materials warrant that the
functions contained in this web site and/or the licensed materials will be
uninterrupted or error-free, that defects will be corrected, or that the server
that makes the content available will be free of viruses or other harmful
components. The content that you access on this web site and/or the licensed
materials is provided solely for your convenience and information only. My
Spokane News, LLC does not warrant or make any representations regarding
the results that may be obtained from the use of this web site and/or the
licensed materials, or as to the reliability, accuracy or currency of any
information content, service and/or real property acquired pursuant to your use
of this web site and/or the licensed materials. You agree that we may change or
discontinue the licensed materials in our sole discretion and with no prior
notice to you. You expressly agree that use of this web site and/or the
licensed materials is at your sole risk. You (and not My Spokane News, LLC)
assume the entire cost of all necessary servicing, repair or correction of your
system. You expressly agree that neither My Spokane News, LLC, nor its
affiliated or related entities (including its providers), nor any of their
respective employees, or agents, nor any person or entity involved in the
creation, production and distribution of this web site and/or the licensed
materials, is responsible or liable to any person or entity whatsoever for any
loss, damage (whether actual, consequential, punitive or otherwise), injury,
claim, liability or other cause of any kind or character whatsoever based upon
or resulting from the use or attempted use of this web site and/or the licensed
materials. By way of example, and without limiting the generality of the
foregoing, My Spokane News, LLC and related persons and entities
shall not be responsible or liable for any claim or damage arising from failure
of performance, error, omission, interruption, deletion, defect, delay in
operation, computer virus, theft, destruction, unauthorized access to or
alteration of personal records, or the reliance upon or use of data, information,
opinions or other materials appearing on this web site and/or the licensed
materials . You expressly acknowledge and agree that My Spokane News, LLC is
not liable or responsible for any defamatory, offensive or illegal conduct of
other subscribers or third parties. Some jurisdictions may not allow the
exclusion or limitation of liability for consequential or incidental damages.
In such jurisdictions, My Spokane News, LLC’s liability is limited to
the greatest extent permitted by law.
LEGAL COMPLIANCE/ADVICE
32. Nothing herein shall be construed to
provide that the Web Site or the Licensed Materials is in compliance with any
state or local law or regulation with respect to advertising the services of
any user thereof, nor to provide any legal advice with respect thereto. It is
the sole responsibility of the Licensee to ensure that all state and local laws
and regulations are adhered to with respect to the Web Site and Licensed
Materials. Licensee hereby agrees to indemnify My Spokane News, LLC for any and
all loss with respect to any fine imposed by any state or local government
agency regarding the publication and dissemination of the Web Site and Licensed
Materials.”
INDEMNIFICATION
33. You are fully responsible for how you
use this Web Site and/or the Licensed Materials. You may not share your log-in
information with anyone else, but if you do you are fully responsible for how
they use the Web Site and/or the Licensed Materials too. You agree to
indemnify, defend, and hold harmless My Spokane News, LLC and the
Providers, its and their officers, directors, employees, service providers,
vendors, affiliates, agents, licensors, and suppliers from and against all
losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting
from any violation by you of these Terms.
THIRD PARTY RIGHTS
34. These Terms are for the benefit
of My Spokane News, LLC and its Providers, its and their officers,
directors, employees, affiliates, agents, licensors, and suppliers. Each of
these individuals or entities shall have the right to assert and enforce these
Terms directly against you on its or their own behalf.
DISPUTE RESOLUTION — VENUE
35. You agree to be subject to the
jurisdiction of Washington State. You agree that any dispute between you and us
to enforce these Terms, or in connection with any matters related to this Web
Site, will be resolved in Washington State to the exclusion of any other
potential venue.
DISPUTE RESOLUTION –
ARBITRATION, NO CLASS ACTIONS
36. You agree that you will not file a
class action against My Spokane News, LLC or its Providers, or participate
in a class action against My Spokane News, LLC or its Providers. You and
we agree that any dispute between you and My Spokane News, LLC or its
Providers arising under or related to these Terms, this Web Site and/or
the Licensed Materials can only be brought in binding individual (non-class)
arbitration to be administered by the American Arbitration Association (“AAA”).
If, for any reason, AAA is not available, you or we may file our case with any
national arbitration company.
SEVERANCE OF INVALID TERMS
37. If any provision of these Terms shall
be unlawful, void or for any reason unenforceable, then that provision shall be
deemed severable from these Terms and shall not affect the validity and
enforceability of any remaining provisions. Notwithstanding anything to the
contrary, if the class action waiver of these Terms is deemed unenforceable,
the agreement of the parties to engage in arbitration shall likewise be deemed
stricken.
Modifications/Termination of
Usage
38. My
Spokane News, LLC reserves the right to modify or discontinue the Service with
or without notice to the user. My Spokane News, LLC shall not be liable to
users or any third party should it exercise its right to modify or discontinue
the Service. User acknowledges and accepts that My Spokane News, LLC does not
guarantee continuous, uninterrupted access to our Website, and operation of our
Website may be interfered with or adversely affected by numerous factors or
circumstances outside of our control.
force majeure
39. My Spokane News,
LLC shall not be liable for any failure or delay in supply or delivery of products
or services where such failure or delay is wholly or partly due to any cause or
circumstances whatsoever outside the reasonable control of My Spokane News, LLC
including but not limited to war, strikes, lockouts, industrial disputes or
unrest, government restrictions or transport delays, fire, power outages,
failure attributable to hosting suppliers, breakdown of plant, theft,
vandalism, riots, civil commotions, accidents of any kind or act of terrorism.
entire
agreement
40. The user
understands and agrees to follow these Terms and Conditions, and each
obligation referenced herein. This agreement represents the entire Agreement
between My Spokane News, LLC, its affiliated or related entities, and you,
and supersedes any prior agreements or understandings not incorporated herein.
In the event that any inconsistencies exist between these Terms and any future
published terms of use or understanding, the last published Terms or terms of
use or understanding shall prevail.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY MY SPOKANE NEWS.